Mold in Rented Properties: Who's at Fault?

10/13/2017 (Permalink)

This blog post is no substitute for actual legal advice. Call a lawyer if you need one.

So you found mold in a rented unit. Whether you're the landlord/landlady, or the tenant, this isn't good news. Thankfully, you know to call SERVPRO of Ft. Lauderdale North to handle the remediation process. But who is responsible for paying for the cost of services and damages for mold in rented properties?

Although there is no federal or Florida state law that dictates who is responsible for the cost of remediation of mold in rented properties, there are certain steps that can be taken by the renter, or the property manager (or landlord/landlady) if they believe the other party is at fault.

If the landlord/landlady or property manager negligently created a mold problem, or knowingly allowed one to form, a court may find them at fault and responsible for payment for remediation services and other subsequent damages. If the landlord/landlady or property manager are in direct violation of health and safety codes as a result of their actions or negligence, the tenant should gather as much evidence as they can such as photos of the issue, proof of doctor's visits from mold-associated illness, and so forth.

If the tenant is directly responsible for the growth of mold by creating the conditions, or being aware of an issue and not reporting it in a timely manner, the landlord/landlady may choose to take the cost of remediation out of the tenants security deposit. If the tenant feels they are not at fault, this may require a court case, so compile evidence of mold, and keep records of any communication on the topic.

Hopefully, the issue can be resolved without a court case by just talking it out. However, either party may wish to get in touch with a lawyer to help them through the process. Because there are no set laws one way of the other, a court will take this at a case-by-case basis and may be in favor of one party or the other with no guarantee of settlement in your favor. This blog post should not be used as a substitute for actual legal advice. Please rely on your own attorney for advice and guidance.

Remember, for mold remediation in commercial or residential properties, SERVPRO of Ft. Lauderdale North will arrive faster to your disaster and make it "Like it never even happened."